Lisa Madigan
Al lORNEYGENERAI .
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R . Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
MDM/pp
Enclosures
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
March 20, 2007
RECEIVEDCLERK'S
OFFICE
MAR 2 3 2007
STATE OF
ILLINOIS
Pollution Control Board
Re:
People v . AET Environmental, Inc ., a Colorado corp ., and E.O.R. Energy, LLC,
a Colorado limited liability company
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of a Notice of Filing, Entry of
Appearance and Complaint in regard to the above-captioned matter . Please file the originals and
return file-stamped copies to me in the enclosed, self-addressed envelope .
Thank you for your cooperation and consideration.
Very truly yours,
e
As`
e
Michael D . Mankowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • -
MY (217) 785-2771 • Fax : (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
• (312) 814-3000 • TTY: (312) 814-3374 • Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 •
TTY: (618) 529-6403 • Fax : (618) 529-6416
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD R
ECEIVED
PEOPLE OF
THE STATE OF
)
MAR 2 3 2007
ILLINOIS,
)
Pollution
STATE OF
ControlILLINOIS
Board
Complainant,
)
vs .
)
PCB No.
0 i
(Enforcement)
AET ENVIRONMENTAL, INC ., a
)
Colorado corporation, and E .O.R
.
)
ENERGY, LLC, a Colorado limited
)
liability company,
)
Respondents.
)
NOTICE OF FILING
To:
AET ENVIRONMENTAL, INC .
E.O .R. ENERGY, LLC
c/o Lori M . Devito, R
.A.
c/o James Hamilton, R
.A.
14 Lakeside Lane
14 Lakeside Lane
Denver, CO 80212
Denver, CO 80212
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached hereto and
herewith served upon you
. Failure to file an answer to this Complaint within 60 days may have
severe consequences
. Failure to answer will mean that all allegations in this Complaint will be
taken as if admitted for purposes of this proceeding
. If you have any questions about this
procedure, you should contact the hearing officer assigned to this proceeding, the Clerk's Office
or an attorney .
1
FURTHER, please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS 3515/1 (2004), to correct the pollution alleged in
the Complaint filed in this case
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division„
MICHAEL D
. MANKOWSKI
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : March 20, 2007
2
CERTIFICATE OF SERVICE
I hereby certify that I did on March 20, 2007, send by certified mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING, ENTRY OF APPEARANCE and
COMPLAINT :
To :
AET ENVIRONMENTAL, INC .
E .O.R. ENERGY, LLC
c/o Lori M . Devito, R .A.
c/o James Hamilton, R .A.
14 Lakeside Lane
14 Lakeside Lane
Denver, CO 80212
Denver, CO 80212
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s) :
To :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R
. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
14
Michael D . Mankowski
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVE[)
CLERKS OFFICE
PEOPLE OF THE STATE OF
)
MAR 2 3 2007
ILLINOIS,
)
Pollution
STATE OF
Control
ILLINOISBoard
Complainant,
)
vs .
)
PCB No .
p 7
1
(Enforcement)
AET ENVIRONMENTAL, INC ., a
)
Colorado corporation, and E.O .R.
)
ENERGY, LLC, a Colorado limited
)
liability company,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, MICHAEL D .
MANKOWSKI, Assistant Attorney General of the State of Illinois, hereby enters his appearance as
attorney of record .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
,
BY: Z2LI4L`+
MICHAEL D . MANKOWSKI
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : March 20, 2007
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD ItER E, .. .
3 OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
MAR 2 3 2007
ex rel.
LISA MADIGAN, Attorney General
)
of
the State of Illinois,
potAlon
OF ILLINO IS
)
Control
VOIaro
Complainant,
)
v.
-q
)
PCB No .
Vp
1
(Enforcement)
AET ENVIRONMENTAL, INC ., a Colorado
)
corporation, E.O.R
. ENERGY, LLC, a
)
Colorado limited liability company,
)
Respondents .
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, on her own motion and at the request of the Illinois
Environmental Protection Agency, complains of Respondents, AET ENVIRONMENTAL, INC
.,
a Colorado corporation, E .O .R . ENERGY, LLC
., a Colorado limited liability company, as follows :
COUNTI
HAZARDOUS WASTE TRANSPORT VIOLATIONS BY AET ENVIRONMENTAL, INC,
AND E .O.R. ENERGY, LLC,
1
.
This Complaint is brought by the Attorney General on her own motion and at the
request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms
and provisions of Section 31 of the Illinois Environmental Protection Act ("Act"),
415 ILCS 5/31
(2004) .
2.
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4 of the Act, 415 ILCS 5/4 (2004), and charged
inter alia,
with the
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board ("Board")
.
3.
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31 (2004),
after providing the Respondents with notice and the opportunity for a meeting with the Illinois
EPA.
4.
SOURCE ENVIRONMENTAL, INC
., is a Colorado corporation in good standing
and registered with the Colorado Secretary of State to conduct business under the trade name
of AET ENVIRONMENTAL, INC
., ("AET Environmental") .
5.
E .O.R
. ENERGY, LLC, ("E.O.R
. Energy") is a Colorado limited liability company
in good standing .
6.
At all times relevant to this Complaint, E
.O .R . Energy held oil leases for two oil
fields near Pawnee, Illinois
. The first oil field ("Rink-Truax Lease") is located north of 2050 N
Road and 400 E Road, South Fork Township, Christian County, Illinois
. The second oil field
("Galloway Lease") is located along Township Road 4
.25E South East of the junction with
Township Road 13S, Pawnee, Cotton Hill Township, Sangamon County, Illinois
.
7.
Section 21 of the Act, 415 ILCS 5/21 (2004), provides, in pertinent part
:
No person shall
:
(e)
Dispose, treat, store or abandon any waste, or transport any waste into
this State for disposal, treatment, storage or abandonment, except at a
site or facility which meets the requirements of this Act and of regulations
and standards thereunder.
(f)
Conduct any hazardous waste-storage, hazardous waste-treatment, or
hazardous waste-disposal operation
:
(1)
Without a RCRA permit for the site issued by the Agency under
subsection (d) of Section 39 of this Act, or in violation of any
conditions imposed by such permit
. . . .
8 .
Section 3 .470 of the Act, 415 ILCS 5/3
.470 (2004), provides as follows
:
"SOLID WASTE" means waste
.
9.
Section 3
.535 of the Act, 415 ILCS 5/3 .535 (2004), provides as follows
:
-2-
"WASTE" means any garbage . . .
or other discarded material, including solid,
liquid, semi-solid, or contained gaseous material resulting from industrial,
commercial, mining and agricultural operations, and from community activities,
10 .
Section 3
.220 of the Act, 415 ILCS 5/3
.220 (2004), provides as follows :
"HAZARDOUS WASTE" means a waste, or combination of wastes, which
because of its quantity, concentration, or physical, chemical
, or infectious
characteristics may cause or significantly contribute to an increase in mortality or
an increase in serious, irreversible, or incapacitating reversible, illness
; or pose a
substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or otherwise managed,
and which has been identified, by characteristics or listing, as hazardous
pursuant to Section 3001 of the Resource Conservation and Recovery Act of
1976, P .L
. 94-580, or pursuant to Board regulations
.
11 .
Section 3 .185 of the Act, 415 ILCS 5/3
.185 (2004), provides as follows :
"DISPOSAL" means the discharge, deposit, injection, dumping, spilling, leaking
or placing of any waste or hazardous waste into or on any land or water or into
any well so that such waste or hazardous waste or any constituent thereof may
enter the environment or be emitted into the air or discharged into any waters,
including ground waters .
12.
The Respondents are "persons" as that term is defined under Section 3
.315 of
the Act, 415 ILCS 5/3
.315 (2004), as follows :
"PERSON" is any individual, partnership, copartnership, firm,
company, corporation, association, joint stock company, trust,
estate, political subdivision, state agency, or any other legal entity,
or their legal representative, agency or assigns .
13.
On a date prior to July 19, 2002, and better known to the Respondents, AET
Environmental, an authorized transporter of hazardous waste, was retained to arrange for the
disposal of eight (8) two hundred and seventy five (275) gallon plastic totes full of acid
generated by an electroplating company in Grand Junction, Colorado
.
14.
The acid is a "hazardous waste" as defined by Section 3.220
of the Act, 415
ILCS 5/3 .220 (2004) .
15 .
On or about July 19, 2002, or a date better know to the Respondents, AET
-3-
Environmental shipped the eight (8) plastic totes of hazardous waste acid to Arvada Treatment
Center, a Resource Conservation and Recovery Act ("RCRA") permitted treatment, storage and
disposal facility in Arvada, Colorado, with a hazardous waste manifest describing the acid as
"WASTE CORROSIVE LIQUID, N.O.S ., (CONTAINS FLUOROBORIC ACID COLYCOLIC
ACID) 8, UN1760, PGII ."
16.
On information and belief, Arvada rejected the shipment because it was in a
reactive state, emitting a cloud of orange, yellow, and red vapor, and the manifest failed to
describe the hazardous waste acid as D003 reactive hazardous waste
. Another RCRA
permitted facility, Safety-Kleen in Deer Trail, Colorado, also rejected the acid .
17 .
On information and belief, AET Environmental transported the hazardous waste
acid to its transfer facility in Commerce City, Colorado where it was stored for approximately
one to two weeks
. At this time AET Environmental replaced the plastic totes housing the
hazardous waste acid as they had started to melt
. AET Environmental also treated the
hazardous waste acid by adding water and glycolic acid in an attempt to lessen its reactivity
.
The treatment process increased the volume of the hazardous waste acid from eight (8) plastic
totes to twelve (12) plastic totes .
18. On a date prior to August 30, 2002, and better known to the Respondents,
E.O.R
. Energy, which is located in the same office facility as AET Environmental, became
aware of the acid stored at AET Environmental's transfer facility
.
19.
On information and belief, E .O .R. Energy inquired about the acid and then
arranged to have it shipped to a site near the old Peabody Coal Company Mine # 10 located
along Route 104 approximately three and a half (3.5)
miles east of Pawnee, Sangamon County,
Illinois ("storage site") .
20.
AET Environmental created a hazardous materials shipping order identifying the
acid as "CORROSIVE LIQUID ACID, INORGANIC, N .O .S
. (PHOSPHORIC NITRIC), 8,
-4-
UN2364, PGII ."
21
.
On August 30, 2002 or a date better known to the Respondents, the hazardous
waste acid was shipped, without a hazardous waste manifest, from the AET Environmenal
transfer station in Commerce City, Colorado to the storage site located near Pawnee, Illinois
.
22 .
After arriving in Pawnee, Illinois, E .O.R. Energy stored the twelve (12) totes of
acid in a warehouse located at the storage site .
23 .
From August 30, 2002 until February, 24, 2004, laborers hired by E
.O.R. Energy
discharged the hazardous waste acid down piping at various wells located at the Rink-Truax
and Galloway oil fields operated by E .O.R. Energy
. These discharges of the acid constituted
disposal of a hazardous waste .
24 .
Over three to four months, or a period known better by Respondents, E .O.R .
Energy's laborers discharged approximately eight totes of acid into the wells
.
25 .
On information and belief, approximately one (1) full tote (approximately 275
gallons) of hazardous waste acid was discharged into Galloway #1, a gas injection well
.
Approximately seven (7) totes (approximately 1925 gallons) were discharged into Rink #1, a
salt water disposal well
. The remaining approximate 65 gallons were discharged into three (3)
oil production wells : Galloway #3, Rink #4, and Truax #3 .
26 .
On February 24, 2004 the United States Environmental Protection Agency
("USEPA") executed a search warrant at the storage site where the hazardous waste acid was
being stored and discovered that only three and a half
(3 .5) totes of hazardous waste acid were
still present at the facility
. Samples taken of the hazardous waste acid had pH levels of less
than 2 standard units, exhibiting the RCRA characteristic of corrosivity, and exceeded the Toxic
Characteristic Leaching Procedure ("TCLP") chromium limit of 5
.0 milligrams per liter, exhibiting
the RCRA characteristic of toxicity .
27 .
On November 17, 2004 Illinois EPA inspected the warehouse at the storage site .
-5 -
28 .
In the warehouse, an Illinois EPA inspector observed eight (8) empty totes, three
(3) full totes and one (1) tote approximately half full of hazardous waste acid
.
29 .
The warehouse had no electric power, was not heated, and the floor was wet in
several places because the building did not entirely keep out the outside weather .
30 .
An Illinois EPA inspector observed 50-pound bags of hydrated lime and soda
ash-like material sitting on pallets near the plastic totes . Several of the older bags of lime and
ash had deteriorated to the point that the paper was split and white material could be observed
on and around the bags .
31 .
AET Environmental and E .O .R. Energy have transported wastes, including
hazardous wastes, into this State for storage and disposal at a site which does not meet the
requirements of the Act and of regulations and standards thereunder, and have thereby violated
Section 21(e) of the Act, 415 ILCS 5/21(e) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that the Board grant the following relief
:
A.
Find that AET ENVIRONMENTAL, INC . and E .O.R. ENERGY, LLC, have
violated Section 21(e) of the Act, 415 ILCS 5/21(e) (2004)
;
B .
Order AET ENVIRONMENTAL, INC . and E .O.R. ENERGY, LLC, to cease and
desist from further violations of the Act and associated regulations pursuant to Section 42(e) of
the Act, 415 ILCS 5/42(e) (2004) ;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon AET
ENVIRONMENTAL and E
.O .R. ENERGY, LLC, a monetary penalty of not more than the
statutory maximum ; and
D.
Grant such other and further relief as the Board deems appropriate .
-6-
COUNT II
HAZARDOUS WASTE STORAGE AND DISPOSAL VIOLATIONS
BY E.O .R. ENERGY, LLC,
1-30
. Complainant realleges and incorporates herein by reference paragraphs 1
through 30 of Count I as paragraphs 1 through 30 of this Count II
.
31 .
E.O .R
. Energy has stored, disposed, and/or abandoned wastes, including
hazardous wastes, at a site which does not meet the requirements of the Act and of regulations
and standards thereunder, and have thereby violated Section 21 (e) of the Act, 415 ILCS 5/21(e)
(2004) .
32 .
E .O .R
. Energy has conducted a hazardous waste-storage operation without a
RCRA permit, and has thereby violated Section 21 (f)(1)
of the Act, 415 ILCS 5/21 (f)(1) (2004) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that the Board grant the following relief :
A.
Find that E .O.R
. ENERGY, LLC has violated Sections 21(e) & (f)(1)
of the Act,
415 ILCS 5/21(e) &
(f)(1) (2004);
B.
Order E .O .R . ENERGY, LLC, to cease and desist from further violations of the
Act and associated regulations pursuant to Section 42(e) of the Act, 415 ILCS 5/42(e) (2004)
;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon
E.O .R. ENERGY, LLC, a monetary penalty of not more than the statutory maximum
; and
D .
Grant such other and further relief as the Board deems appropriate .
COUNTIII
OPERATION WITHOUT AHAZARDOUS
WASTE PERMIT
BY E
.O.R. ENERGY, LLC
-7-
1-30. Complainant realleges and incorporates herein by reference paragraphs 1
through 30 of Count I as paragraphs 1 through 30 of this Count III
.
31
.
Section 703
.121 (a) of the Board's Waste Disposal Regulations, 35 III
. Adm .
Code 703.121(a),
provides that no person may conduct any hazardous waste storage,
hazardous waste treatment, or hazardous waste disposal operation without a RCRA permit for
the hazardous waste management ("HWM")
facility .
32 .
E .O .R
. Energy as never issued a RCRA permit for a HWM facility
.
33 .
E .O .R
. Energy stored hazardous waste acid at a facility without having a RCRA
permit .
34 . E .O .R . Energy violated 35 III
. Adm . Code 703
.121 (a) by storing the hazardous
waste acid at the storage site without a RCRA permit and thereby violated Section 21(f)(2) of
the Act, 415 ILCS 5/21(f)(2) (2004) .
35.
E .O.R
. Energy is an "operator" of a "facility" as those terms are defined in
Section 720
.110 of the Board's Waste Disposal Regulations, 35 III
. Adm . Code Code 720
.110,
as follows :
1,4k
"FACILITY" means all contiguous land and structures, other appurtenances, and
improvements on the land used for treating, storing, or disposing of hazardous
waste
. A facility may consist of several treatment, storage, or disposal
operational units (e.g.,
one or more landfills, surface impoundments, or
combinations of them) .
"OPERATOR" means the person responsible for the overall operation of a
facility .
"OWNER" means the person that owns a facility or part of a facility
.
36.
Section 703 .121(b) of the Board's Waste Disposal Regulations, 35 III
. Adm .
-8-
Code 703
.121(b), provides that an owner or operator of a HWM unit must have permits during
the active life (including the closure period) of the unit
.
37.
E .O .R
. Energy failed to acquire a RCRA permit to store hazardous waste at the
facility during its active life .
38. E .O .R
. Energy violated 35 III
. Adm . Code 703 .121(b) by failing to have a RCRA
permit to store hazardous waste at the facility during its active life and thereby violated Section
21(f)(2) of the Act, 415 ILCS 5/21(f)(2) (2004) .
39.
Section 703
.150 of the Board's RCRA Permit Program Regulations, 35 III . Adm,
Code 703 .150, provides, in pertinent part, as follows
:
a)
The owner or operator of an existing HWM facility or of an HWM facility in
existence on the effective date of statutory or regulatory amendments
that render the facility subject to the requirement to have a RCRA permit
must submit Part A of the permit application to the Agency no later than
the following times, whichever comes first
:
•
1 M
2)
Thirty days after the date the owner or operator first becomes
subject to the standards in 35 III . Adm
. Code 725 or 726 ; or
40 .
E.O .R
. Energy, as an operator of a HWM facility, did not apply for a RCRA
permit within 30 days after being subject to the standards of 35 III
. Adm . Code, Part 725 or 726 .
41 .
E.O .R
. Energy violated 35 III . Adm . Code 703
.150(a)(2) by failing to apply for a
RCRA permit within 30 days after being subject to the standards of 35 III
. Adm . Code, Part 725
or 726, and thereby violated Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that the Board grant the following relief:
A.
Find that E .O .R
. ENERGY, LLC has violated Section 21(f)(2) of the Act, 415
ILCS 5121(f)(2), and Sections 703
.121 (a) and (b) and 703 .151(a)(2) of the Board's Waste
-9-
Disposal Regulations, 35 III . Adm . Code 723
.120(a)(1);
B.
Order E .O .R. ENERGY, LLC to cease and desist from further violations of the
Act and associated regulations pursuant to Section 42(e) of the Act, 415 ILCS 5/42(e) (2004)
;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon
E.O .R
. ENERGY, LLC, a monetary penalty of not more than the statutory maximum
; and
D .
Grant such other and further relief as the Board deems appropriate .
COUNT IV
HAZARDOUS WASTE MANAGEMENT VIOLATIONS
BY E .O.R. ENERGY, LLC
1-33
. Complainant realleges and incorporates herein by reference paragraphs 1
through 30 of Count I and paragraphs 32, 33 and 35 of Count III as paragraphs 1 through 33 of
this Count IV .
34 .
Section 725 .111 of the Board's Waste Disposal Regulations, 35 Ill
. Adm . Code
725
.111, provides that every facility owner or operator must apply to USEPA for a USEPA
identification number in accordance with the USEPA notification procedures
.
35 .
The facility operated by E .O .R
. Energy does not have a USEPA identification
number in accordance with the USEPA notification procedure
.
36 .
E.O .R
. Energy violated 35 III . Adm . Code 725
.111 by failing to acquire a USEPA
identification number and thereby violated Section 21(f)(2) of the Act, 415 ILCS 5/21 (f)(2)
(2004) .
37.
Section 725
.113 of the Board's Waste Disposal Regulations, 35 III
. Adm . Code
725
.113, requires that any person who stores a hazardous waste shall first obtain a detailed
chemical and physical analysis of such waste .
38 .
E.O .R
. Energy failed to obtain a detailed chemical and physical analysis of the
-10-
hazardous waste acid .
39 . E.O .R. Energy violated 35 III
. Adm . Code 725
.113 by failing to first obtain a
detailed chemical and physical analysis of the hazardous
waste acid and thereby violated
Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2) (2004)
.
40 . Section 725
.114 of the Board's Waste Disposal Regulations,
35 III . Adm . Code
725.114,
provides security requirements to prevent unauthorized
entry into a facility including
use of a surveillance system, fencing, and signs
.
41 .
E .O .R
. Energy failed to employ required measures to prevent unauthorized entry
into its facility .
42 . E .O .R . Energy violated 35 III
. Adm . Code 725
.114 by failing to employ required
measures to prevent unauthorized entry into its facility
and thereby violated Section 21(f)(2) of
the Act, 415 ILCS 5/21(f)(2) (2004) .
43 .
Section 725
.115(a) of the Board's Waste Disposal Regulations,
35 III. Adm .
Code 725
.115, provides that inspections must be conducted
according to a written schedule to
identify and correct conditions that might lead to a
release of hazardous waste constituents or a
threat to human health . .
44 .
E.O .R. Energy failed to conduct inspections according
to a written schedule
.
45 .
E.O .R
. Energy violated 35 III . Adm . Code 725
.115 by failing to conduct
inspections according to a written schedule and thereby violated
Section 21(f)(2) of the Act, 415
ILCS 5/21(f)(2) (2004).
46 .
Section 725
.116 of the Board's Waste Disposal Regulations,
35 III . Adm . Code
725
.116, provides procedures that the owner or operator
must follow for training its personnel
and documenting said training
.
47 .
E.O .R. Energy failed to follow the proper procedures for
training and
documenting their personnel
.
48 .
E .O .R . Energy violated 35 III . Adm
. Code 725 .116 by failing
to follow the proper
procedures for training and documenting their personnel
and thereby violated Section 21(f)(2)
of the Act, 415 ILCS 5/21(f)(2) (2004) .
49 .
Section 725 .117 of the Board's Waste Disposal Regulations,
35 III. Adm . Code
725
.117, provides that all necessary precautions be taken
to prevent the ignition or reaction of
ignitable or reactive wastes .
50 .
E.O .R
. Energy stored the hazardous waste acid immediately
adjacent to
deteriorated and ripped bags of hydrated lime and a soda
ash-like substance, both of which are
incompatible with acids, therefore failing to take all
precautions to prevent the reaction of
reactive wastes .
51 .
E.O .R
. Energy violated 35 III . Adm . Code 725
.117 by failing
to take all necessary
precautions to prevent the ignition or reaction of ignitable
or reactive wastes and thereby
violated Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2)
(2004).
52 .
Section 725
.131 of the Board's Waste Disposal Regulations,
35 III . Adm
. Code
725
.131, provides that a facility must be maintained
and operated to minimize the possibility of
a fire, explosion or any unplanned sudden or non-sudden
release of hazardous waste or
hazardous waste constituents to air, soil or surface water which could threaten human health or
the environment
.
53 .
E.O .R. Energy violated 35 III . Adm
. Code 725 .131 by failing to properly maintain
and operate their facility and thereby violated Section
21(f)(2) of the Act, 415 ILCS 5/21(f)(2)
(2002) .
54
.
There were no records at the facility documenting the testing
of facility
communications or alarm systems, fire protection equipment, spill control equipment and
decontamination equipment, nor records indicating that
an attempt was made to familiarize
police, fire departments and emergency response teams
with the layout of the facility,
-12-
properties of hazardous waste handled at the facility and associated hazards, places where
facility personnel would normally be working, entrances to roads inside the facility and possible
evacuation routes .
55 .
Section 725 .132 of the Board's Waste Disposal Regulations, 35 III
. Adm . Code
725
.132, requires the implementation and maintenance of communications, alarm, spill control
and fire protection systems .
56 . E.O.R. Energy violated 35 III
. Adm . Code 725 .132 by failing to implement and
maintain communications, alarm, spill control and fire protection systems at their facility and
thereby violated Section 21 (f)(2) of the Act, 415 ILCS 5/21 (f)(2) (2004)
.
57 .
Section 725 .137 of the Board's Waste Disposal Regulations, 35 III
. Adm . Code
725
.137, requires the familiarization of the local police, fire department and hospital concerning
the type of hazardous waste stored at the site
.
58 .
E.O .R. Energy violated 35 III . Adm . Code 725
.137 by failing to familiarize the
local police, fire department and hospital concerning the type of hazardous waste stored at the
site and thereby violated Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2) (2004)
.
59 .
Section 725 .151 (a) of the Board's Waste Disposal Regulations, 35 III
. Adm .
Code 725
.151(a), provides, in pertinent part, as follows :
a)
Each owner or operator must have a contingency plan for his facility
. The
contingency plan must be designed to minimize hazards to human health
or the environment from fires, explosions, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents
to air, soil, or surface water . . .
60 .
E .O .R
. Energy failed to develop a contingency plan for the facility .
61
. E .O .R. Energy violated 35 III . Adm
. Code 725 .151(a) by failing to develop a
contingency plan for the facility and thereby violated Section 21(f)(2) of the Act, 415 ILCS
5/21 (f)(2) (2004).
62
.
Section 725 .155 of the Board's Waste Disposal Regulations, 35 Ill
. Adm . Code
-13-
725
.155, requires designation of an employee of the facility as the emergency coordinator with
the responsibility to coordinate all emergency response measures
.
63.
E.O .R. Energy violated 35 III . Adm . Code 725
.155 by failing to designate an
employee of the facility as the emergency coordinator with the responsibility to coordinate all
emergency response measures, and thereby violated Section 21(f)(2) of the Act, 415 ILCS
5/21(f)(2) (2004)
.
64 .
Section 725
.171(c) of the Board's Waste Disposal Regulations, 35 III . Adm
.
Code 725
.171(c), provides that the owner or operator must prepare Illinois EPA manifests and
make sure the manifests accompany the hazardous waste during transport
.
65 .
E .O.R. Energy violated 35 III . Adm . Code 725
.171(c) by failing to prepare Illinois
EPA manifests and make sure the manifests accompanied the hazardous waste acid from the
facility to the oil wells and thereby violated Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2)
(2004)
.
66.
Section 725
.173 of the Board's Waste Disposal Regulations, 35 III
. Adm . Code
725.173,
requires the owner or operator to keep a written operating record at the facility, until
closure, including : the quantity of each hazardous waste received
; methods used for its
treatment, storage or disposal
; the location of each hazardous waste within the facility and the
quantity at each location .
67
.
E .O .R. Energy violated 35 III . Adm . Code 725
.173 by failing to keep a written
operating record as described in 35 III . Adm . Code 725
.173 for the hazardous waste acid and
thereby violated Section 21 (f)(2)
of the Act, 415 ILCS 5/21 (f)(2) (2004) .
68 .
Section 725 .175 of the Board's Waste Disposal Regulations, 35 III
. Adm . Code
725.175, requires the owner and operator to prepare and submit, using forms provided by the
Illinois EPA, annual reports for the hazardous waste acid stored at the site .
69
.
E
.O .R
. Energy violated 35 III . Adm . Code 725
.175 by failing to prepare and
-14-
submit annual reports for the hazardous waste acid stored at the site and thereby violated
Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2) (2004)
.
70.
Section 725 .212(a) of the Board's Waste Disposal Regulations, 35 III
. Adm .
Code 725
.212(a), provides that a written closure plan must be developed and kept on site within
six months after the effective date of the rule that first subjects a facility to provisions of Section
725.
71 .
E .O .R . Energy violated 35 III
. Adm . Code 725 .212(a) by failing to develop a
closure plan for the storage of the hazardous waste acid and thereby violated Section 21(f)(2)
of the Act, 415 ILCS 5/21(f)(2) (2004) .
72 . Section 725
.242(a) of the Board's Waste Disposal Regulations, 35 III . Adm .
Code 725.242(a),
requires the owner or operator to prepare a detailed written estimate, in
current dollars, of the cost of closing the facility
73.
E.O.R. Energy violated 35 III
. Adm . Code 725 .242(a) by failing to prepare a
detailed written estimate, in current dollars, of the cost of closing the storage unit for the
hazardous waste acid and thereby violated Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2)
(2004) .
74.
Section 725 .243(a) of the Board's Waste Disposal Regulations, 35 III
. Adm .
Code 725.243(a),
provides, in pertinent part, as follows :
An owner or operator of each facility must establish financial assurance for
closure of the facility
. . . .
75 .
E .O.R. Energy violated 35 III . Adm . Code 725
.243(a) by failing to establish
financial assurance for closure of the facility and thereby violated Section 21(f)(2) of the Act,
415 ILCS 5/21(f)(2) (2004) .
76 .
Section 725
.274 of the Board's Waste Disposal Regulations, 35 III . Adm
. Code
725.274, provides, in pertinent part, as follows :
-15-
The owner or operator must inspect areas where containers are stored at least
weekly, looking for leaks and for deterioration caused by corrosion or other
factors .
77 .
E .O .R
. Energy violated 35 III . Adm . Code 725 .274 by failing to have facility
personnel inspect the building containing the hazardous waste acid containers at least weekly
for leaks or deterioration and thereby violated Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2)
(2004) .
78 .
Section 725
.278 of the Board's Waste Disposal Regulations, 35 III . Adm . Code
725
.278, provides that the owner or operator must manage all hazardous waste placed in a
container in accordance with the requirements of Subparts AA, BB, and CC of 35 III
. Adm .
Code 724
.
79 .
E.O .R . Energy violated 35 III . Adm
. Code 725 .278 by failing to make a
determination pursuant to 725 .984(a) on the average volatile organic concentration of the
containerized hazardous waste acid and thereby violated Section 21(f)(2) of the Act, 415 ILCS
5/21(f)(2) (2004) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that the Board grant the following relief
:
A .
Find that E
.O
.R
. ENERGY, LLC has violated Section 21(f)(2) of the Act, 415
ILCS 5/21(f)(2), and Sections 725 .111, 725 .113, 725 .114, 725 .115, 725 .116, 725
.117, 725 .131,
725 .132, 725 .137, 725 .151(a), 725 .155, 725
.171(c), 725 .173, 725 .175, 725 .212(a), 725 .242(a),
725 .243(a), 725 .274, and 725
.278 of the Board's Waste Disposal Regulations, 35 III . Adm .
Code 725.111,
725 .113, 725 .114, 725 .115, 725 .116, 725 .117, 725 .131, 725
.132, 725 .137,
725 .151(a), 725 .155, 725 .171(c), 725 .173, 725 .175, 725 .212(a), 725
.242(a), 725 .243(a),
725 .274, and 725 .278 ;
-16-
B.
Order E .O .R
. ENERGY, LLC to cease and desist from further violations of the
Act and associated regulations pursuant to Section 42(e) of the Act, 415 ILCS 5/42(e) (2004)
;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon
E.O .R. ENERGY, LLC a monetary penalty of not more than the statutory maximum
; and
D .
Grant such other and further relief as the Board deems appropriate
.
COUNT V
UNDERGROUND INJECTION CONTROL PERMIT PROGRAM
VIOLATIONS BY E .O.R
. ENERGY, LLC
1-30
. Complainant realleges and incorporates herein by reference paragraphs 1
through 30 of Count I as paragraphs 1 through 30 of this Count V
.
31
.
Section 12(g) of the Act, 415 ILCS 5/12(g) (2004), provides, in pertinent part :
No person shall :
g)
704 .203, provides, in pertinent part :
Cause, threaten or allow the underground injection of contaminants
without a UIC permit issued by the Agency under Section 39(d) of this
Act, or in violation of any term or condition imposed by such permit, or in
violation of any regulations or standards adopted by the Board or of any
order adopted by the Board with respect to the UIC program .
32 .
Section 704
.121 of the Board's Waste Disposal Regulations, 35 III . Adm . Code
704 .121, provides, in pertinent part
:
Any underground injection, except into a well authorized by permit or rule issued
under this part and 35 III . Adm
. Code 705, as applicable, is prohibited . The
construction of any well required to have a permit under this Part is prohibited
until the permit has been issued .
33 .
Section 704
.203 of the Board's Waste Disposal Regulations, 35 III . Adm . Code
In addition to requiring compliance with the applicable requirements of this Part
and 35 III . Adm
. Code 730, the owner or operator of any facility described in
Section 704
.202 shall comply with the following :
-17-
a)
Notification . The owner or operator shall comply with the notification
requirements of Section 3010 of the Resource Conservation and
Recovery Act (42 U .S.C
. 6901 et seq .) .
b)
Identification number
. The owner or operator shall comply with the
requirements of 35 III
. Adm . Code 724 .111 and 40 CFR 264 .11 (1992) .
c)
Manifest system . The owner or operator shall comply with the applicable
recordkeeping and reporting requirements for manifested wastes in 35 III .
Adm. Code 724
.171 and 40 CFR 264 .71 (1992).
d)
Manifest discrepancies
. The owner or operator shall comply with 35 III .
Adm. Code 724
.172 and 40 CFR 264 .72 (1992).
e)
Operating record
. The owner or operator shall comply with 35 III . Adm .
Code 724.173(a),
(b)(1), and (b)(2) and 40 CFR 264 .73(a), (b)(1) and
(b)(2)
(1992), as amended at 57 Fed . Reg . 3487 (Jan . 29, 1992) .
f)
Annual report . The owner or operator shall comply with 35 III
. Adm . Code
724.175
and 40 CFR 264.75 (1992) .
g)
Unmanifested waste report
. The owner or operator shall comply with 35
111. Adm . Code 724 .176 and 40 CFR 264
.76 (1992).
h)
Personnel training . The owner or operator shall comply with the
applicable personnel training requirements of 35 Ill . Adm . Code 724
.116
and 40 CFR 264.16 (1992).
Certification of closure
. When abandonment is completed, the owner or
operator must submit to the Agency certification by the owner or operator
and certification by an independent registered professional engineer that
the facility has been closed in accordance with the specifications in
Section 704 .188 .
34 .
E .O .R
. Energy did not have an Underground Injection Control ("UIC") permit or
authorization by rule to inject hazardous waste into the wells at the Rink-Truax or Galloway
Leases .
35 .
E
.O.R
. Energy injected hazardous waste acid into wells without having a UIC
permit or authorization by rule .
36 .
E .O .R. Energy violated 35 III . Adm . Code 704
.121 by injecting hazardous waste
acid into wells without having a Underground Injection Control
("UIC')
permit or authorization by
rule and thereby violated Section 12(g) of the Act, 415 ILCS 5/12(g) (2004)
.
-18-
37.
E.O .R. Energy failed to comply with the requirements of Section 704
.203 of the
Board's Waste Disposal Regulations and thereby violated Section 12(g) of the Act 415 ILCS
5/12(g) (2004) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that the Board grant the following relief :
A.
Find that E .O .R. ENERGY, LLC has violated Section 12(g) of the Act, 415 ILCS
5/12(g), and Sections 704 .121 and 704
.203 of the Board's Waste Disposal Regulations, 35 III
.
Adm. Code 704 .121 and 704 .203 ;
B .
Order E .O.R
. ENERGY, LLC to cease and desist from further violations of the
Act and associated regulations pursuant to Section 42(e) of the Act, 415 ILCS 5/42(e) (2004)
;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon
E .O.R. ENERGY, LLC a monetary penalty of not more than the statutory maximum
; and
D.
OF COUNSEL
MICHAEL D
. MANKOWSKI
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/ 557-05861
/
Dated : _5,+' / (~ l ~
7
Grant such other and further relief as the Board deems appropriate .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
c--
Litigation Division
BY
:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
